Conclusions and Recommendations
摘要
This book concludes in this chapter that the implications of third-party funders for the professional conduct of arbitrators and lawyers representing clients involved in third-party funding are currently not sufficiently addressed, but this does not mean that the international arbitration system is entirely dysfunctional in addressing these implications. The members of the international arbitration community can preserve the legitimacy of international arbitration from being compromised by the involvement of third-party funders by interpreting, refining, and adapting the relevant arbitral laws, rules and subject-specific guidelines, or by developing new ethical norms for arbitral participants, where necessary, within international arbitration’s self-regulatory mechanisms. At the same time, the external regulation of third-party funders, both statutory and market-based regulation, is necessary to support the good functioning of international arbitration self-regulatory mechanisms. Such coordination should be understood within the shared ethical ecosystem of international arbitration, in which arbitrators, lawyers, funders, arbitral institutions, and other participants in the proceedings operate as interdependent actors. In addition to providing a summary of the professional guidelines and best practices for arbitrators, lawyers and funders on third-party funding in international arbitration proposed in previous chapters, this chapter provides general policy prescriptions for the international arbitration community and national authorities as well as specific recommendations on the relevant rule amendments and refinements, in order to reduce the risk posed by funders to the administration of justice and the interests of the parties to the dispute and to enable third-party funding to be better integrated into the international arbitration system in order to promote access to (arbitral) justice for parties.